The EB-5 program was created in order to encourage foreign investors to make capital investments and help fuel the U.S. economy through job growth. This program allows investors who financially have the means to invest in the American economy to obtain a green card. All investors that are interested in an EB-5 visa must invest in a new commercial enterprise.

A commercial enterprise is defined in the USCIS website as “any for-profit activity formed for the ongoing conduct of lawful business” including partnerships, joint ventures, corporations, and holding companies. In order to successfully qualify, an investor must meet job creation requirements and capital investment requirements.

In order to meet the job creation requirements, the investor must be able to provide a minimum of 10 full-time jobs that would be available to qualifying U.S. workers. The jobs could either be direct jobs, in which employees are located within the commercial enterprise or indirect, where it is collateral or the outcome of an investment affiliated with a regional center.

The investment category requires a total of $1 million for a commercial enterprise. There is an exception for targeted employment areas that allows for the minimum investment amount of $500,000. Targeted employment areas are high unemployment areas of at least 150 percent of the national average or rural areas.

The EB-5 is one of the most difficult and expensive categories under which an individual can obtain a green card. It is very important to get a lawyer who fully understands the process since it requires an investment before receiving the approval or denial of a green card. At Demidichik Law Firm, our attorneys have participated in numerous EB-5 applications and are will-versed IN the complex procedures that must be carried out in order to obtain a green card approval. Contact us now to schedule a consultation so we can discuss your matter in details and provide you with proper legal guidance.

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